The following information is an amalgamation of two presentations on the topic.

Presentation 1

from the K12 Online Conference 2009 Presentation "Steal This Preso! Copyrights, Fair Use, and Pirates in the Classroom"
Fair use doctrine says: Can use media for educational purposes if stays within your 4 walls. Bring in parents pr post on publicly accessible web, now outside the walls.

Fair use doctrine considerations:
  1. Purpose and character of use, and whether the use is for profit or non profit educational uses.
  2. No specific amount can be taken without violating copyright. Can't take whole work. More about how you are using it. Has nothing to do with how many lines, seconds, or percent you take. Use only as much as you need to make your point.

OK uses for media / video
  • Show a clip to prove a point
  • Can manipulate it within the classroom.

Not OK
  • Using full length songs / clips in classroom: have to get permission of artist and writer. Definitely can't post online.

Options
  • Create original music.
  • Use music in public domain (1920s and earlier)
  • Creative Commons licensed music
  • Start with what you have permission to use

Images: only need permission from photographer or use Creative Commons images.

Lead by example in the classroom. Teach kids to be responsible citizens.

Presentations 2

from EdoCon 2.2, January 2010, session "Copyright Clarity: The Future of intellectual property in a Remix Generation"

Copyright is not clear cut; need to critically think about it.

Presenter’s bias: Media has impact on students & learning. Once was at spot where “you just have to follow the rules” to keep everyone from getting in trouble.

Is copyright a little fuzzy?
  • Do you put music in a project because it is a favorite song or because it has a message that you are trying to convey?
  • When can you use: To promote creativity, innovation and the spread of knowledge ~ (art 1, Sec 8) US Constitution (close to a direct quote)

Range of comfort with use of Copyrighted materials
  • See no evil: OK in classroom as long as don’t acknowledge & discuss
  • Close the door: Do what want in classroom
  • Hyper Comply: really want to do the right thing

What do kids (and our teachers) understand about...
  • Copyright:
  • Exemption / Fair use:
  • Public Domain: what falls in this range? when does it go in to the public domain?
  • Creative Commons: understand very little; very new; challenge of teaching how to give credit to the author of the borrowed work

Other thoughts
  • Above doesn’t matter because everyone does it.
  • Multiple layers of disregarding the laws exist
  • Ownership vs. authorship

Codes of Best Practice
  • Add value to images is it
  • Trans-formative nature of the work seems to insulate in court cases
  • if it puts things in a NEW context, then it is trans-formative and fair use
  • Code of Best Practices in Fair use for Media Literacy Education - Media Education Lab, Temple University
  • “When the benefit to society outweighs the costs to the copyright owner” it is fair use
  • Nature, purpose, amount and effectiveness are important, but informativeness is a bigger consideration (i.e. re-purposing)

Ted Talk by Larry Lessig on the subject (a short video)